· 1/11/1989
Home Gas Corp. of Massachusetts, Inc. v. Walter's of Hadley, Inc.
Citations
- 532 N.E.2d 681
- 403 Mass. 772
- 1989 Mass. LEXIS 17
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding “no waiver” clause did not prevent finding of waiver by litigation conduct
- holding “no waiver” clause did not prevent finding of waiver by [24] [25] [26] The party asserting waiver bears a heavy litigation conduct
- holding that party waived arbitration as a result
- rejecting argument that antiwaiver clause in contract “precludes waiver” where party asserting right to arbitration had extensively participated in judicial proceedings
- finding waiver of contractual right to seek arbitration where party failed to assert it prior to litigation
- listing factors which court should consider in determining whether arbitration has been waived
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Liacos, Abrams, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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